USMAN SHIP BREAKERS vs GOVERNMENT OF BALOCHISTAN through Secretary Ministry of Planning and Development, Baloc

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USMAN SHIP BREAKERS VS GOVERNMENT OF BALOCHISTAN through Secretary Ministry of Planning and Development, Balochistan R. 14(1)---Shipbreaking---Allotment of plots---Lease agreement, violation of---Cancellation of allotment---Petitioner was a Ship-Breaking Company which was allotted plots in Gaddani Ship-breaking Yard for beaching vessels by the respondents (Balochistan Development Authority)---Petitioner invoked constitutional jurisdiction of the High Court alleging that allotment order had been cancelled in clandestine manner by the respondents while it was facing financial crises---Validity---Petitioner was allotted two plots in Gaddani Ship-breaking Yard in the year 2012 and a lease agreement was also executed---During the first five years of the lease agreement, several vessels were beached and salvaged due to which no controversy arose between the petitioner and the respondents, which led them to renewal of the allotment for further five years, following execution of lease agreement in the year 2017---Rule 14(1) of the Rules 1979 manifested that after the allotment of the lease, the allotted plots could not be left vacant without a ship for more than four months, however, the same could be extended for further four months, but with the prior approval of the Authority in writing for good reasons shown after being satisfied for not beaching the ship within the stipulated period of four months and that if the Rule was violated the lease would automatically stand terminated---Furthermore, the relevant para of the lease-deed executed by the petitioner also provided a similar condition---There was no denial on the part of the petitioner and endorsed by the respondents that the last vessel beached on the allotted pots in the year 2017, but thereafter no vessel had been beached by the petitioner---Petitioner had not placed on record any tangible evidence to substantiate his claim regarding his inability, including financial crises faced by him to beach the vessels---Record revealed that after cancellation of the allotment of the plots-in-question, the same had been allotted to another ship-breaking company which had executed lease agreement, in consequence thereof a vested rights had been created in its favour, but the petitioner had not arrayed the said company as respondent in the present petition, which now had an infeasible right in the allotted plots---Moreover, the lease-in-question was executed in the year 2017 for five years which had elapsed in the year 2022---Hence, the lease executed in favour of the petitioner was no more in field---Allegation about cancellation of allotment order by putting back dates on the same in clandestine manner had not been substantiated by the petitioner---Constitutional petition was dismissed, in circumstances.

USMAN SHIP BREAKERS vs GOVERNMENT OF BALOCHISTAN through Secretary Ministry of Planning and Development, Balochistan R — 2024 PLD 50 QUETTA-HIGH-COURT-BALOCHISTAN

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